Know the Biological Diversity Act (2002) and the Rules (2004)
What is covered by the Biological Diversity Act?
The Act covers conservation, use of biological resources and associated knowledge occurring in
India for commercial or research purposes or for the purposes of bio-survey and bio-utilisation. It
provides a framework for access to biological resources and sharing the benefits arising out of such
access and use. The Act also includes in its ambit the transfer of research results and application for
intellectual property rights (IPRs) relating to Indian biological resources.
Bio-survey
and
Bio-utilisation
Research
Commercial
Use
Biological
resources
and
associated
knowledge
Transfer of
research and
application
for IPRs
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National Biodiversity Authority
Who is covered by the Biological Diversity Act and what do they require?
The Act covers foreigners, non-resident Indians, body corporate, association or organization that is
either not incorporated in India or incorporated i n India with non-Indian participation in its share capital
or management. These individuals or entities require the approval of the National Biodiversity Authority
when they access/ use biological resources and associated knowledge occurring in India for commercial or
research purposes or for the purposes of bio-survey or bio-utilisation.
Indians and Indian institutions do not require the approval of the National Biodiversity Authority when
they engage in the above mentioned activities. However they would need to inform the State Biodiversity
Boards prior to undertaking any research with the intent of commercialisation. Any application for IPR
based on biological resources should be approved by NBA.
Approval Process
National Biodiversity
Authority
Non - citizens
or non
resident Indians
Institutions
registered or
incorporated
outside India
Indian institutions
with non-Indian
participation in
share capital
or management
Indians
Indian
Institutions
Intimate SBBs on intent
of commercial utilization
Need Approval from
NBA for research, biosurvey,
bioutilization and
commercial utilization
Take Approval from NBA
on IPR applications
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National Biodiversity Authority
Who and what is excluded by the Biological Diversity Act?
The Act excludes Indian biological resources that are normally traded as commodities. Such
exemption holds only so far the biological resources are used as commodities and for no other
purpose. The Act also excludes traditional uses of Indian biological resources and associated
knowledge and when they are used in collaborative research projects between Indian and foreign
institutions with the approval of the central government.
Normally traded commodities
(so far material is used only
as commodity)
What is excluded under
the Biological Diversity Act
Uses by cultivators and breedes
e.g. farmers, livestock keepers
and bee keepers and traditional
healers e.g.vaids and hakims
Collaborative research between
Indian and foreign institutions
that conform to central government
guidelines and has its approval,
subject to following the notified
guidelines by the Ministry of
Environment and Forests,
Government of India
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National Biodiversity Authority
What is the National Biodiversity Authority required to do when it receives an
application for approval to use Indian biological resources and associated
knowledge?
The National Biodiversity Authority shall give approval, based on agreement with State
Biodiversity Boards (SBBs), only after establishing mutually agreed terms and an fair and
equitable benefit sharing agreement between the users of the biological resources and associated
knowledge and concerned local bodies and benefit claimers.
What are the consequences of lack of compliance with the Biological Diversity
Act?
In cases where an approval of the National Biodiversity Authority is required for the use of
Indian
biological resources and associated knowledge and such approval is not obtained, the punishment
can extend to five years imprisonment or a fine of ten lakh rupees or both.
In cases where the State Biodiversity Board needs to be intimated about the use of Indian
biological resources and associated knowledge and this is not done, the punishment can extend to
three years imprisonment or a fine of five lakh rupees or both.
Any offence under the Act is cognizable and non-bailable.
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National Biodiversity Authority
Relevant definitions for the purposes of the Biological Diversity Act:
In this Act, unless the context otherwise requires,(a) "benefit claimers" means the conservers of biological resources, their byproducts, creators and holders
of knowledge and information relating to the use of such biological resources, innovations and practices
associated with such use and application;
(b) "biological diversity" means the variability among living organisms from all sources and the
ecological complexes of which they are part, and includes diversity within species or between species and
of eco systems;
(c) "biological resources" means plants, animals and micro organisms or parts thereof, their genetic
material and by products (excluding value added products) with actual or potential use or value, but
does not include human genetic material;
(d) "bio survey and bio utilization" means survey or collection of species, subspecies, genes, components
and extracts of biological resource for any purpose and includes characterization, inventorisation and
bioassay;
(e) "Chairperson" means the Chairperson of the National Biodiversity Authority or, as the case may be,
of the State Biodiversity Board;
(f) "commercial utilization" means end uses of biological resources for commercial utilization such as
drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts
and genes used for improving crops and livestock through genetic intervention, but does not include
conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy
farming, animal husbandry or bee keeping;
(g) "fair and equitable benefit sharing" means sharing of benefits as determined by the National
Biodiversity Authority under section 2 1;
(h) "local bodies" means Panchayats and Municipalities, by whatever name called, within the meaning
of clause (1) of article 243B and clause (1) of article 243Q of the Constitution and in the absence of any
Panchayats or Municipalities, institutions of self government constituted under any other provision of
the Constitution or any Central Act or State Act;
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National Biodiversity Authority
(i) "member" means a member of the National Biodiversity Authority or a State Biodiversity Board
and includes the Chairperson;
(j) "National Biodiversity Authority" means the National Biodiversity Authority established under
section 8;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "regulations" means regulations made under this Act;
(m) "research" means study or systematic investigation of any biological resource or technological
application, that uses biological systems, living organisms or derivatives thereof to make or modify
products or processes for any use;
(n) "State Biodiversity Board" means the State Biodiversity Board established under section 22;
(o) "sustainable use" means the use of components of biological diversity in such manner and at
such rate that does not lead to the long term decline of the biological diversity thereby maintaining
its potential to meet the needs and aspirations of present and future generations;
(p) "value added products" means products which may contain portions or extracts of plants and
animals in unrecognizable and physically inseparable form.
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